人民调解协议司法确认若干问题评析

Analysis of Rationality and Problems about People's Mediation and Judicial Confirmation System

随着近年来非诉讼纠纷解决机制的发展,人民调解协议司法确认制度越来越成为关注的热点。司法确认制度从产生到发展,倡导节约司法资源,发挥调解的功能与价值并力求与非诉讼争端解决机制产生的土壤相契合,逐步显现出其优势及合理性,但它在申请主体、审查标准和制度完善等方面存在的问题也不容忽视。如何使得人民调解制度能够在适宜的范围内发挥作用,实现诉讼与非诉讼争端解决机制的有效衔接,成为司法确认制度发展过程中必须思考的问题。

With the recent development of non-litigation dispute resolution mechanism, people＇s mediation and ju- dicial confirmation system is increasingly becoming the focus of attention. From production to development, the judicial confirmation system advocates saving of the judicial resources. Besides, the judicial confirmation system gives full play of the function and value of mediation, which mainly sticks to fit the soil of non-litigation dispute settlement mechanism. Ob- viously, its advantages and rationality is gradually coming out, though there are some points should not be ignored, such as the problems about the body of application, the standard of review and improvement of the system. During the development process of the judicial confirmation system, we must take into consideration that how to make the people＇s mediation system to play a proper role, and at the same time to realize the effective connection between litigation and non-litigation dispute settlement mechanism.